Missing US $50 million court case   CJ gives ACCS deadline to disclose investigation documents to defence team |12 March 2022

In reference to the missing US $50 million court case, Chief Justice Rony Govinden yesterday ordered the Anti-Corruption Commission of Seychelles (ACCS) to by Friday March 18, 2022, come up with a motion as to when documents from them will be disclosed to the defence for them to prepare their case to defend their clients, which will result in the start of the trial.

In court yesterday morning, ACCS lawyer Tony Juliette had asked CJ Govinden for the accused in the case – namely prominent businessman Mukesh Valabhji, his wife Laura Valabhji, former high ranking army officer Leslie Benoiton, former First Lady Sarah Rene and former public servants Maurice Loustau-Lalanne and Lekha Nair to be served with their current court conditions until March 25, 2022,  when ACCS will be ready to present a motion for the court guidelines for a time table to disclose its (ACCS) investigative documents to the defence.

It is to be noted that Mr Loustau-Lalanne and Mrs Nair have both been released on bail.

In his reply, CJ Govinden, who agreed with the defence team, said that relevant documents should be handed in to the defence in a reasonable time as the case is dragging.

Taking into account that the accused persons have been waiting too long to make their pleas the chief justice stated that the length of time asked by ACCS was too long and therefore he ordered that the motion be filed by March 18, 2022, for debate, instead of March 25, 2022. There was no objection to the ruling by the defence team.

In connection with the missing US $50 million, Fahreen Rajan, charged with money laundering and conspiracy to commit money laundering, along with concealment of property, also appeared in court yesterday and she was further released on her current bail condition until she will appear again on March 25, 2022.

Lawyer France Bonte, representing Mr Valabhji, wanted to know the status of the Valabhji’s residence, stating that since he (Valabhji) and his wife Laura had been arrested, nobody, including members of the family, has been able to visit the residence to know the state it is in.

He also wanted to know who was responsible for looking after the house as he will charge the republic as responsible for any loss, damage or degradation.

The chief justice said that the residence is still a crime scene with investigation still being carried out and no-one, apart from those conducting the investigation, are allowed at the premises.

Lawyer Steve Powles for the Republic said the residence is being looked after by the law enforcement under the responsibility of the Commissioner of Police Ted Barbe.

In relation to the Firearms, Ammunition and Prevention of Terrorism case, Chief Justice Govinden pointed out that the Republic needs to disclose to the accused persons evidence against them to prepare their defence for the set trial to also begin.

He ruled that the accused persons should receive the evidence against them before 4pm yesterday.

He stated that an ongoing investigation cannot prevent a trial as new evidence for the ongoing investigation can be incorporated in while the trial is going on.

Lawyer Powles, representing the Republic, accepted the ruling and Mr Valabhji, his wife Laura Valabhji, Mr Benoiton and 75-year-old retired Brigadier and former Chief of the Seychelles People’s Defence Forces (SPDF) Leopold Payet were supposed to have received their documents at their place of detention where they will serve another 14 days in custody until they will reappear on March 25, 2022, at 9.30am. 82-year-old retired lieutenant colonel and presidential chief security officer, Frank Marie, also involved in the case and has been released on bail under court orders, will receive his documents through his lawyer’s (Joel Camille) chamber.

Earlier lawyer Powles had asked the Court for the accused to be further remanded for 14 days until March 25, 2022 by indicating that there are still ongoing investigations and further inquiries and searches being made, especially at the residence of Mr and Mrs Valabhji.

Patrick Joubert